Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act

CourtWorkers' Compensation Programs Office
Citation86 FR 46778
Publication Date20 Aug 2021
Record Number2021-17870
46778
Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Rules and Regulations
Airac date State City Airport FDC No. FDC date Subject
9–Sep–21 .... NE Mc Cook ................. Mc Cook Ben Nelson Rgnl ..... 1/4344 7/26/21 ILS OR LOC/DME RWY 12,
Orig-A.
9–Sep–21 .... NE Mc Cook ................. Mc Cook Ben Nelson Rgnl ..... 1/4345 7/26/21 VOR RWY 30, Amdt 11C.
9–Sep–21 .... NE Mc Cook ................. Mc Cook Ben Nelson Rgnl ..... 1/4346 7/26/21 RNAV (GPS) RWY 22, Orig-D.
9–Sep–21 .... NE Mc Cook ................. Mc Cook Ben Nelson Rgnl ..... 1/4347 7/26/21 RNAV (GPS) RWY 30, Orig-C.
9–Sep–21 .... NE Mc Cook ................. Mc Cook Ben Nelson Rgnl ..... 1/4348 7/26/21 RNAV (GPS) RWY 12, Amdt 1A.
9–Sep–21 .... NC Rocky Mount ........... Rocky Mount-Wilson Rgnl ....... 1/4837 7/22/21 VOR/DME RWY 22, Amdt 3A.
9–Sep–21 .... CA Borrego Springs ...... Borrego Valley ......................... 1/5276 7/28/21 RNAV (GPS) RWY 26, Orig.
9–Sep–21 .... AR Newport .................. Newport Rgnl .......................... 1/5283 7/26/21 RNAV (GPS) RWY 18, Orig-A.
9–Sep–21 .... AR Newport .................. Newport Rgnl .......................... 1/5285 7/26/21 RNAV (GPS) RWY 36, Orig-A.
9–Sep–21 .... OK Ardmore .................. Ardmore Muni .......................... 1/5354 7/29/21 ILS OR LOC RWY 31, Amdt 5C.
9–Sep–21 .... OK Ardmore .................. Ardmore Muni .......................... 1/5375 7/29/21 RNAV (GPS) RWY 31, Amdt 1D.
9–Sep–21 .... MA Orange .................... Orange Muni ........................... 1/5755 7/28/21 RNAV (GPS) RWY 32, Orig-A.
9–Sep–21 .... NC Walnut Cove ........... Meadow Brook Fld .................. 1/5860 7/26/21 VOR/DME OR GPS RWY 34,
Orig.
9–Sep–21 .... ID Blackfoot ................. Mccarley Fld ............................ 1/7608 7/23/21 RNAV (GPS)-A, Orig-B.
9–Sep–21 .... ID Blackfoot ................. Mccarley Fld ............................ 1/7609 7/23/21 RNAV (GPS)-B, Orig-B.
9–Sep–21 .... ID Blackfoot ................. Mccarley Fld ............................ 1/7610 7/23/21 VOR/DME–C, Orig-B.
9–Sep–21 .... AZ Marana .................... Marana Rgnl ............................ 1/7890 7/28/21 RNAV (GPS) RWY 12, Amdt 1B.
9–Sep–21 .... CA Los Angeles ............ Los Angeles Intl ...................... 1/9393 8/2/21 RNAV (RNP) Z RWY 25R, Orig.
9–Sep–21 .... CA Los Angeles ............ Los Angeles Intl ...................... 1/9394 8/2/21 RNAV (RNP) Z RWY 24L, Amdt
2A.
9–Sep–21 .... CA Los Angeles ............ Los Angeles Intl ...................... 1/9395 8/2/21 RNAV (RNP) Z RWY 25L, Amdt
2C.
[FR Doc. 2021–17855 Filed 8–19–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF LABOR
Office of Workers’ Compensation
Programs
20 CFR Part 30
RIN 1240–AA08
Claims for Compensation Under the
Energy Employees Occupational
Illness Compensation Program Act
AGENCY
: Office of Workers’
Compensation Programs, Department of
Labor.
ACTION
: Final rule; correction.
SUMMARY
: On February 8, 2019, the
Department of Labor (Department)
published in the Federal Register a final
rule that revised its regulations
governing its responsibilities under the
Energy Employees Occupational Illness
Compensation Program Act of 2000, as
amended (EEOICPA). However, the final
rule as published inadvertently omitted
amendatory instructions to retain two
subordinate paragraphs. This document
corrects the error.
DATES
: This correction is effective
August 20, 2021, and is applicable
beginning April 9, 2019.
FOR FURTHER INFORMATION CONTACT
:
Rachel D. Pond, Director, Division of
Energy Employees Occupational Illness
Compensation, Office of Workers’
Compensation Programs, U.S.
Department of Labor, Room C–3321, 200
Constitution Avenue NW, Washington,
DC 20210. Telephone: 202–693–0081
(this is not a toll-free number).
SUPPLEMENTARY INFORMATION
: The
Department’s February 8, 2019, final
rule that revised its regulations
governing its responsibilities under the
Energy Employees Occupational Illness
Compensation Program Act of 2000, as
amended (EEOICPA), 42 U.S.C. 7384 et
seq. However, the final rule as
published inadvertently omitted
amendatory instructions to retain the
two subordinate paragraphs to 20 CFR
30.210(a)(1), i.e., 20 CFR 30.210(a)(1)(i)
and (ii). This document provides the
omitted amendatory instructions to
ensure that § 30.210(a)(1)(i) and (ii) are
contained in the final rule as intended
by the Department, and notifies the
public of how corrected § 30.210(a)(1)
now reads.
In the February 8, 2019, final rule,
amendatory instruction 17 amended
§ 30.210 by revising paragraph (a)(1);
however, amendatory instruction 17 did
not specify that only the introductory
text of paragraph (a)(1) required
revision, and that the two subordinate
paragraphs to § 30.210(a)(1), i.e., 20 CFR
30.210(a)(1)(i) and (ii), were to remain
in the final rule. Amendatory
instruction 17 should have revised only
the introductory text of paragraph (a)(1).
This correcting amendment is in
keeping with the Department’s clearly
expressed intent in the preamble of the
final rule to update a cross-reference in
§ 30.210(a)(1), and not to make any
other change in § 30.210(a)(1). The
omission of § 30.210(a)(1)(i) and (ii) in
the final rule had no substantive effect
because those subordinate paragraphs
are explicit requirements in section
7384l(9)(A) of EEOICPA, and therefore
cannot be ignored in the adjudication of
claims under EEOICPA.
List of Subjects in 20 CFR Part 30
Administrative practice and
procedure, Cancer, Claims, Kidney
diseases, Lung diseases, Miners,
Radioactive materials, Underground
mining, Uranium, Workers’
compensation.
Therefore, the Department amends 20
CFR part 30 by making the following
correcting amendment:
PART 30—CLAIMS FOR
COMPENSATION UNDER THE
ENERGY EMPLOYEES
OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM ACT OF
2000, AS AMENDED
1. The authority citation for part 30
continues to read as follows:
Authority: 5 U.S.C. 301; 31 U.S.C. 3716
and 3717; 42 U.S.C. 7384d, 7384t, 7384u and
7385s–10; Executive Order 13179, 65 FR
77487, 3 CFR, 2000 Comp., p. 321; Secretary
of Labor’s Order No. 10–2009, 74 FR 58834.
2. Amend § 30.210 by revising
paragraph (a)(1) to read as follows:
§ 30.210 What are the criteria for eligibility
for benefits relating to radiogenic cancer?
(a) To establish eligibility for benefits
for radiogenic cancer under Part B of
EEOICPA, an employee or his or her
survivor must show that:
(1) The employee has been diagnosed
with one of the forms of cancer
specified in § 30.5(gg); and
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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Rules and Regulations
(i) Is a member of the Special
Exposure Cohort (as described in
§ 30.214(a) of this subpart) who, as a
civilian DOE employee or civilian DOE
contractor employee, contracted the
specified cancer after beginning
employment at a DOE facility; or
(ii) Is a member of the Special
Exposure Cohort (as described in
§ 30.214(a) of this subpart) who, as a
civilian atomic weapons employee,
contracted the specified cancer after
beginning employment at an atomic
weapons employer facility (as defined
in § 30.5(e)); or
* * * * *
Signed at Washington, DC, this 13th day of
August, 2021.
Christopher J. Godfrey,
Director, Office of Workers’ Compensation
Programs.
[FR Doc. 2021–17870 Filed 8–19–21; 8:45 am]
BILLING CODE 4510–CR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0597]
RIN 1625–AA00
Safety Zone; Lake of the Ozarks, Mile
Marker 7, Lake of the Ozarks, MO
AGENCY
: Coast Guard, DHS.
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is
establishing a temporary safety zone on
all navigable waters in the Lake of the
Ozarks extending 420 feet in all
directions around a fireworks barge at
mile marker 7, located approximately
500 feet west of Shady Gators. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by a fireworks display. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Upper Mississippi River or a
designated representative.
DATES
: This rule is effective from 9 p.m.
on August 27, 2021 until 9:30 p.m. on
August 28, 2021.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0597 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT
: If
you have questions on this rule, call or
email Lieutenant Commander Stephanie
Moore, Sector Upper Mississippi River
Waterways Management Division, U.S.
Coast Guard; telephone 314–269–2560,
email Stephanie.R.Moore@uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We must establish this
safety zone by August 27, 2021 and lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the
fireworks display on August 27, 2021
and August 28, 2021.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector Upper
Mississippi River (COTP) has
determined that potential hazards
associated with a fireworks display on
August 27, 2021 and August 28, 2021
will be a safety concern for anyone on
the Lake of the Ozarks at Mile Marker
7. This rule resulted from a marine
event notification stating that there will
be a fireworks display to celebrate
summertime on the Lake of the Ozarks.
This rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone before, during, and after the
fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone that
will be enforced on August 27, 2021
from 9 p.m. through 9:30 p.m. and
August 28, 2021 from 9 p.m. through
9:30 p.m. The safety zones will be
located on all navigable waters
extending 420 feet in all directions
around the fireworks barge at mile
marker 7, located approximately 500
feet west of Shady Gators. The duration
of the zone is intended to protect
personnel, vessels, and the marine
environment in these navigable waters
before, during, and after a fireworks
display. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Sector Upper Mississippi River.
The COTP or a designated
representative will inform the public of
the enforcement dates and times for this
safety zone, as well as any emergent
safety concerns that may delay the
enforcement of the zone.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, and
duration of the temporary safety zone.
This action involves a fireworks display
that impacts on all navigable waters
extending 420 feet in all directions
around the fireworks barge at mile
marker 7, located approximately 500
feet west of Shady Gators on August 27,
2021 at 9 p.m. through 9:30 p.m. and
August 28, 2021 at 9 p.m. through 9:30
p.m. Moreover, the Coast Guard will
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